Article.114 of the Criminal Code: a crime against life and health
The crimes that are committed against the person can be called the most serious. In some cases, they can cause irreparable harm. If a person is attacked, no one forbids him to defend himself, but in this case both the victim and the accused may suffer. All such nuances are considered by art. 114 of the Criminal Code.
Basics of the law
Let us consider in more detail the nuances of the law and what exactly the criminal code says about causing a serious or moderate injury to a citizen when the permitted protection is exceeded (Article 114 of the Criminal Code of the Russian Federation).
The object of the incident is the health of another citizen.
Objective side are:
- harm to health, which is accomplished by exceeding the level of necessary defense;
- damage to health, which was committed during the detention of a citizen who committed an offense.
The subject of the crime is an adequate physical person, which reached 16 years at the time of the offense.
The subjective side is intentional and intentional guilt of a citizen.
The construction of a crime can be called the material composition of the incident.
The qualified composition of the incident is the harm to the health of another citizen, committed during the detention of the person who committed the offense.
If a person is attacked, he will always defend himself. This fact is laid at the subconscious level, therefore at the moment of protection a person can not control himself.
Art. 114 of the Criminal Code regulates this situation in detail. The law does not prohibit responding to the offender, and this is called “necessary defense”, but nevertheless there are situations when one’s own defense can cause heavy or moderate damage to health. In this case, the recent victim may already act intentionally and cause irreparable harm to the attacker. This is where the law comes into force. And in order for legal provisions to be in force, it is necessary to prove that in a concrete situation it was possible to do without extreme measures.
Art. 114 of the Criminal Code, among other things, provides for penalties for causing heavy or moderate bodily harm during defense or detention.
For each crime, the person who committed the offense must be punished. Considering part 1 of art. 114 of the Criminal Code of the Russian Federation, intentional infliction of serious harm to health, which was committed when the level of permitted defense was exceeded, is punished:
Considering part 2 of the same article, intentional infliction of harm to health, which occurred during the detention of the person who committed the offense, is punished:
- correctional work up to several years;
- restriction of liberty to 24 months;
- forced labor up to several years;
- imprisonment up to 2 years.
Part 1 of Art. 114 of the Criminal Code regulates the incident, which differs from that specified in Art. 108 of this code and the nature of subsequent events. If self-defense resulted in the death of a person, then this action will qualify only for the first part of the article.
The practice of litigation under Art. 114 of the Criminal Code of the Russian Federation combines many different situations in which self-defense has crossed all borders.
For example, a person who approached another on the street tried to rob his phone rudely. For which he received a knife strike (or a shot) in response, which resulted in serious injuries and injuries. This situation could end in death.The situation is not new and, unfortunately, is often found on the streets of cities. People carry weapons with them, which is illegal. And such a measure is not justified in this particular case. This is what Article 114 says.